Florida Senate - 2014SB 458By Senator Altman
16-00607-14 2014458__
1 A bill to be entitled
2 An act relating to the regulation of knives and
3 weapons; creating s. 790.332, F.S.; providing a short
4 title; providing legislative intent to preempt the
5 regulation of knives and weapons to the Legislature;
6 providing definitions; prohibiting state agencies and
7 political subdivisions from regulating knives and
8 weapons; providing that certain rules or ordinances of
9 a state agency or political subdivision regulating
10 knives or weapons are void; requiring the repeal of
11 rules and ordinances regulating knives or weapons by a
12 specified date; authorizing civil actions against a
13 state agency or political subdivision that enacts or
14 fails to repeal a prohibited rule or ordinance;
15 providing that certain elected or appointed officials
16 are liable for damages and attorney fees as the result
17 of violations of the act; providing for the
18 termination of employment or removal from office of a
19 person in violation of the act; authorizing
20 enforcement by an organization whose members are
21 adversely affected by the act; providing a directive
22 to the Division of Law Revision and Information;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 790.332, Florida Statutes, is created to
28 read:
29 790.332Regulation of knives and weapons; preemption to the
30 state.—
31 (1)SHORT TITLE.—This section may be cited as the “Uniform
32 Knife and Weapons Act.”
33 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
34 to occupy the field of regulation of knives, common
35 pocketknives, and weapons. It is the further intent of the
36 Legislature to provide uniformity of laws by prohibiting state
37 agencies and political subdivisions from enacting rules or
38 ordinances on the manufacture, sale, transfer, possession, and
39 use of knives and weapons. It is the further intent of the
40 Legislature to:
41 (a) Require the enforcement of uniform state laws;
42 (b)Mandate the repeal of rules and ordinances prohibited
43 by the section;
44 (c) Impose penalties for enacting or failing to repeal
45 rules or ordinances that conflict with this section;
46 (d) Render void any rules and ordinances in effect on the
47 effective date of this act and prohibit the future enactment of
48 rules and ordinances relating to knives, common pocketknives,
49 and weapons by any entity other than the Legislature; and
50 (e) Compel government officials and governmental entities
51 to obey the uniform laws of the state and to constrain the
52 proliferation of rules and ordinances.
53 (3) DEFINITIONS.—As used in this section, the term:
54 (a) “Common pocketknife” means a knife that can be carried
55 in a pocket, purse, handbag, backpack, briefcase, sheath, or
56 similar container.
57 (b) “Knife” means a cutting instrument thathas a sharpened
58 or pointed blade, including a sheath knife commonly used for
59 fishing, hunting, outdoor recreation, or work activities.
60 (c) “Political subdivision” has the same meaning as
61 provided in s. 1.01.
62 (d) “State agency” means a separate agency or unit of state
63 government created or established by law and includes, but is
64 not limited to, the following and their respective officers: an
65 authority, board, branch, bureau, commission, department,
66 division, institution, office, or public corporation, except any
67 such agency or unit within the legislative branch of state
68 government other than the Florida Public Service Commission.
69 (e) “Weapon” has the same meaning as provided in s.
70 790.001(13).
71 (4)PROHIBITIONS.—
72 (a)A state agency or political subdivision may not enact a
73 rule, ordinance, or tax relating toknives, knife-making
74 components, common pocketknives, or weapons, including, but not
75 limited to, the use, transportation, possession, carrying, sale,
76 transfer, purchase, gift, devise, licensing, or registration of
77 such knives or weapons.
78 (b)A state agency or political subdivision may not enact a
79 rule or an ordinance that relates to the manufacture of a knife,
80 common pocketknife, or weapon.
81 (c)A rule or ordinance by a state agency or political
82 subdivisionwhich relates to knives, common pocketknives, or
83 weapons is void on the effective date of this act and must be
84 repealed by the state agency or political subdivision by July 1,
85 2014.
86 (5)PENALTIES.—
87 (a) A state agency or political subdivision that violates
88 this section by enacting or causing to be enforced a rule or
89 ordinance, or failing to repeal a rule or ordinance,is liable
90 as provided in this subsection.If astate agency or political
91 subdivision violates this section, the court shall:
92 1. Declare the rule or ordinance invalid;
93 2. Issue a permanent injunction against the state agency or
94 political subdivision prohibiting it fromenforcing the rule or
95 ordinance; and
96 3. Order the repeal of the rule or ordinance.
97
98 It is not a defensethat in enacting or failing to repeal the
99 rule or ordinance the state agency or political subdivision was
100 acting in good faithor upon advice of counsel.
101 (b)If the court determines that a violation was knowing
102 and willful, the court shall assess the greater of statutory
103 damages of $5,000 or actual damages of up to $100,000 against
104 the elected or appointed political subdivision official or state
105 agency head under whosejurisdiction the violation occurred.
106 (c)Except as otherwise required by law, public funds may
107 not be used to defend or reimburse an individual found to have
108 knowingly and willfully violated this section.
109 (d)A knowing and willful violation of this section by an
110 individual acting in an official capacity for a state agency or
111 political subdivision or otherwise acting under color of law by
112 enacting or causing to be enforced an ordinance or
113 administrative rule prohibited under this sectionis grounds for
114 termination of employment or similar contract or removal from
115 office by the Governor.
116 (e)Anindividual or organization whose membership is
117 adversely affected by a rule or ordinance, measure, directive,
118 enactment, order, or policy adopted or caused to be enforced in
119 violation of this section may file suitagainst thestate agency
120 or political subdivision for declaratoryand injunctive relief
121 and for actual damages, as limited by this subsection, caused by
122 theviolation. A court shall award the prevailing plaintiff in
123 any such suit:
124 1.Reasonable attorney fees and costs, including a
125 contingency fee multiplier, as authorized by law; and
126 2.The actual damages incurred, up to $100,000.
127
128 Interest on the sums awarded pursuant to this subsection accrue
129 at the rate established pursuant to s. 55.03 from the date on
130 which the suit was filed.
131 Section 2. The Division of Law Revision and Information is
132 directed to replace the phrase “the effective date of this act”
133 wherever it occurs in this act with the date this act becomes a
134 law.
135 Section 3. This act shall take effect upon becoming a law.